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        바이마르 공화국의 司法의 성격에 관한 小考

        金彦植(Kim Eon-Sik) 역사교육연구회 2003 歷史敎育 Vol.87 No.-

        Cruel Judges of Nazism were people who had already been in offices since the years of the Weimar Republic. This continuous process from the age of the Weimar Republic as a constitutional state to the dictatorship of Nazism may suggest the theme that judges of Weimar were already state-socialistic. therefore they decisively contributed to the collapse of the Weimar Republic and the rise to power of Hitler. I cannot sympathize with such a historical interpretation. The role of justice should be viewed through the varied views of spectrum in the Weimar Republic. Today the course from the Weimar Republic to the Nazism may incorrectly be mono-causal to us. Anyway it is certain that the Weimar Republic cannot be remidied any longer after the year 1932. But I can never say that the rise to power of Hitler was inevitable. Therefore, our interest does not lie in the issue whether the justice of the Weimar Republic was state-socialistic anyway or not, but in the question "Did the justice of the Weimar Republic contribute to the collapse of the Weimar Republic?" Of course the justice of the Weimar Republic contributed to the end of the Republic. But, was the contribution of the justice over the collapse of the Republic conclusive? I cannot think so. It seems that the role of the justice was not very significant in the collapse of the Weimar Republic. Probably, it seems that something more meaningful was increasingly occurring for the german justice. It is the fact that the german justice experienced the tragedy in the age of Nazism. The justice of Nazis made us be aware of the ways how judges acted in harmony with a dictator. The justice of the Weimar Republic did not almost take part in the rise to power of Hitler. But at once the german justice was concerned with the maintenance of the power of Nazis ciosely. The judges of the Weimar Republic immediately became those of Hitler, and they sentenced 32,000 persons to death during the regime of Nazism.

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